GovWire

R (Bui) v Secretary of State for Work and Pensions; R (Onakoya) v Secretary of State for Work and Pensions: [2022] UKUT 189 (AAC)

Hm Courts Tribunals Service

July 29
10:28 2022

Read the full decision in UA-2021-000580-JR & UA 2022-000464-JR.

Judicial Summary

Claims for Universal Credit (UC) - whether Secretary of State for Work and Pensions is entitled to withhold payment of UC from an individual who does not have a National Insurance number (NINo) until such time as a NINo is allocated to that person - proper interpretation of section 1(1B) of the Social Security Administration Act 1992 - dicta in CH/4085/2007 considered - regulation 5 of the Social Security (Payments on Account of Benefit) Regulations 2013 considered - whether ECHR A1P1 engaged - whether unlawful indirect discrimination contrary to section 19 of the Equality Act 2010.

Published 29 July 2022